Arman arora (business) 04 May 2017

Dv interim decided on false affidavit

Hello Experts, Wife filled false DV petition along with false affidavit seek maintenance on the ground of jobless in May, 2014. Court ordered interim of 5,000/- per month from date of filling application in March, 2017. On the reply(WS) I have given bank statements, EPF statements, salary slips of wife during the periods when she filled false DV petition along with false affidavit. but still court ignore all documents and ordered interim. In the same court along with reply(WS) I have given application u/s 340 of Cr.Pc. for the act of perjury by wife under false affidavit read with section 191, 193 and 195 CrPC. Court registered a new case which is on evidence stage now. I have filled appeal under section 29 of DV act in the session court which is pending from last two month and there is no stay on interim. Now on the next date court force me to pay interim maintenance which is actually totally in justice. Now please answer 1) What Should I need to do to avoid interim? I don't want to pay single penny. 2) Can I give complaint against judge who passed wrong order? where can I file complaint? 3) What will be happens if perjury proof? Jail or punishment? 4) Also I would like to file civil defamation case, what is the advolerum court fee for damage in the state of Haryana for amount of one crore? Thanks

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4 Replies

Aarti 04 May 2017

Did you present the documents during arguments?

Arman arora (business) 04 May 2017

Yes, I have given all the documents at the time of arugment.

Born Fighter (xxx) 05 May 2017

Relax, execution will not happen after just 2 months of order. Try to avoid paying any money at this juncture stating you have filed an appeal, produce the appeal details. Or else as advised pay some nominal amount and buy time.

What judge has ordered will depend on what is your salary, what is the salary of ur wife that you have shown. If you are on high salary and wife's income is not sufficient to manage her needs then court will grant ur wife some maintenance. Unless we know the financial figures produced in court and ur income details we cant suggest whether there was open injustice

Sachin (N.A) 05 May 2017

Originally posted by : Arman
	Hello Experts, Wife filled false DV petition along with false affidavit seek maintenance on the ground of jobless in May, 2014. Court ordered interim of 5,000/- per month from date of filling application in March, 2017. On the reply(WS) I have given bank statements, EPF statements, salary slips of wife during the periods when she filled false DV petition along with false affidavit. but still court ignore all documents and ordered interim. In the same court along with reply(WS) I have given application u/s 340 of Cr.Pc. for the act of perjury by wife under false affidavit read with section 191, 193 and 195 CrPC. Court registered a new case which is on evidence stage now. I have filled appeal under section 29 of DV act in the session court which is pending from last two month and there is no stay on interim. Now on the next date court force me to pay interim maintenance which is actually totally in justice. Now please answer 1) What Should I need to do to avoid interim? I don't want to pay single penny 2) Can I give complaint against judge who passed wrong order? where can I file complaint? 3) What will be happens if perjury proof? Jail or punishment? 4) Also I would like to file civil defamation case, what is the advolerum court fee for damage in the state of Haryana for amount of one crore? Thanks

You are on right track if trial court force for maintenance amount tell the court about the appeal, Trial court cannot do anything against you. Your wife need to file a new case of execution. In session court request the court to call TCR ( trial court record). So the case in trial court will be stayed.